Bathurst Ltd, Re: Grasslands [2009] EWLands LP_13_2007 (27 March 2009)

Bathurst Ltd, Re: Grasslands [2009] EWLands LP_13_2007 (27 March 2009)

The restriction does not secure any practical benefit to the Association as owner of the estate road, since the road should be adequate for construction traffic and the Association accepted its condition; therefore, the Association would not suffer injury from the modification and the requirements of section 84(1)(aa) and (c) are satisfied.

Citation
[2009] EWLands LP_13_2007
Parties
Applicant: Bathurst Limited; Objector: Hollies Hill Residents’ Association
Jurisdiction
England and Wales
Judgment Date
27 March 2009
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision After Hearing
Outcome
application granted
Legal Topics
Restrictive Covenants, Modification or Discharge of Covenants, Estate Roads, Planning Permission
Property Law Land Law Restrictive Covenants Modification or Discharge of Covenants Estate Roads Planning Permission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bathurst Limited

Applicant

Hollies Hill Residents’ Association

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Final Decision After Hearing

Legal Issues

  1. 1 Whether the restrictive covenant should be modified to permit a second dwellinghouse on the property known as Grasslands
  2. 2 Whether the restriction secures practical benefits of substantial value to the objector
  3. 3 Whether the objector would suffer injury from the modification

Ratio Decidendi

The restriction does not secure any practical benefit to the Association as owner of the estate road, since the road should be adequate for construction traffic and the Association accepted its condition; therefore, the Association would not suffer injury from the modification and the requirements of section 84(1)(aa) and (c) are satisfied.

Court Disposition

application granted

Orders

  • The restrictions in paragraphs 2 and 3 of the Fourth Schedule to the conveyance dated 24 September 1987 are modified to permit the erection of one additional dwelling and private garage on the site of Grasslands in accordance with planning permission S.7426/U, subject to compliance with current building regulations.
  • No compensation is awarded to the objector.